Jury at Karen Read murder trial hears from police officers

uh so Sergeant resuming with uh what excuse me just been marked as exhibit 41 uh that's the cruiser camera video from your Cruiser 682 that you were driving that day is that correct yes and uh Miss Gilman if you could uh for menion I'd like to publish some of that the okay M Gilman if you could start from the beginning through about 4 minutes and 30 seconds for you pause it just one second uh sergeant if you could uh as the video is playing along uh if you could uh just alert the jury to the portion of the video where you observe yourself sort of pulling on to fairie rope yes and this if you could when the sergeant does that you could the okay for [Music] all right we're coming up to Fairview right now at Spring and then next one up that's fa you right there on the right good I can take you back just to the right that you took just before that um what street were you what street are you on right now that's Chapman Street and was that Washington Street that you would turn to get on to Chapman correct can I ask you when you're turning from washingt Street on a Chapman are there any sort of businesses or sort of landmarks on your right or your left as you're making that turn uh so on the right hand side as you're turning on to Chapman that's going to be Cass Cassie's corner store and on the left at the intersection is uh used to be called Temple Beth Abrahim I believe it's uh Temple bbar something I don't know the actual name um but so there's temple on your left and castes on your right correct and so at this point in the video here is about when you're about to turn on to yes for am I approach a wi yes [Music] was okay um if I could Sergeant just ask you to within this sort of still frame up here on the on the screen do you recognize uh people that are depicted within this uh still frame of this video yes and if to whatever extent you do recognize people if you could using the laser Corner draw the jury's attention to whom you recognize all right that's going to be myself right there is going to be firefighter mlin that's going to be Miss Reed and if you played it another second I believe that's going to be miss mcab or if not Miss Roberts if you could the gentleman you see sort of behind you in the frame Sergeant do you recognize who that is yes that's officer serif my apologies mman you can run you cannot take that down thank you very much and so Sergeant you RVE on scene in that area um first of all what's contained in that video is that a fair AC betrayal what you observed as far as the weather conditions outside that day yes and when you arrive on scene who if anyone is it you speak to first uh initially I walked up to officer sff I said probably some version of what's going on um officer o'keef was already in the ambulance and um and then I just began to try to talk to anybody and anybody and so the ambulance is still on scene when you arrive is that correct yes officer is in the back of the ambulance is that correct yes um and at some point when you're speaking with officer sarif uh does he direct your attention to where officer was prior to being placed in the ambulance yes director uh if you're looking at the house it'd be left hand side um slightly probably right in front of the flag pole and about how far off of the roadway would you estimate that was I would say 8 to 10 feet off the curb now as far as speaking to other people without reference to to necessarily what was said to you following your conversation with officer Sarah who if any wanted to speak to next I believe the first person I could really get a uh statement from was uh Miss mcabe and when you say first person you could really get statement from what do you mean about it was a chaotic scene people just kind of walking in and out um and so uh Miss mcab was the first one that was able to um give me a good statement of what how they ended up here following your conversation with Miss M who if anyone you speak to next uh next was uh Miss Reed and just to be clear when we speak about Miss Reed you see you're in the court room today I do just identify as to where she's seated or an article of clothing she's she's sitting sitting between Mr Mr Jackson Mr yaned I just ask the record reflect identification by okay now when you're on scene in your speaking to these individuals um what if anything what if any impact did the weather have as far as your ability to sort of hear things that weren't direct conversations you were involved with you couldn't hear it was it was oddly aily quiet but the wind was so howling that I had a tough time actually hearing uh people so you had to speak very loud or get next to each them and as far as your conversation with the defendant Miss Reed what if anything did you ask her what if any response did she so I walked Miss Reed uh to the back of 682 um she was obviously cold um got her in the back of the car put the heat on um asked her how did she end up here how did her uh her boyfriend end up end up here she says I don't know um prior to placing her in the back of Cruiser how would you describe her sort of demeanor outside um confused uh hysterical um shock what if anything was she saying or asking in regard to Mr o'' prior to you putting her in the back of the she was um yelling out is he dead and is that something she said once more than once or something numerous times about how loudly was she saying oh she was yelling it and so once back in the cruiser um you asked her some questions after she said I don't know uh what if anything else would you ask asked her that I asked her if she had driven there um and she said I think so and then right after that she said I don't remember um because of her State I decided to stop questioning there um she couldn't keep her train of [Music] thought now you had uh notified uh detective Sergeant blank and Lieutenant Gallagher uh prior to your going to the scene is that correct yes about what time was it that either of both of them arrived uh detective Sergeant L uh probably got there at about 620 625 um I immediately briefed him what we had what was going on so far and um and about what time did Lieutenant Gall uh I believe Lieutenant uh gallaga probably came in right around 7 a.m. now following your conversation with the defendant uh who if anyone else did you did you speak to one uh that I spoke to the um the other party uh Miss Roberts if you know about how long the period of conversation I would talking about with respect to miss m and Miss Robins each interview yes couple [Music] minutes and why was it only a couple minutes it was a pretty quick statement I it seemed like they were only in the car for a very short amount of time move to strike all right so we'll strike after it was a pretty quick statement next question question now with regard uh to miss re um after you had that brief conversation with her at the back of your Cruiser where where did you go from where did she go from there I believe she at some point um we let her back out outside of the car we never closed the door on her because I stood in the door frame with my head in the uh back seat um she was got out she kind of just did her own thing paced up and back um between talking to either Miss Roberts or Miss gab um yelling out um and at some point did the the ambulance of M officer o was in did that leave the scene it did and following uh following that what if anything did you say or do with reference to the defendant um once the uh officer officer O'Keefe was transported um Miss Reed just was not listening to any directions we were trying to keep in Miss Robert's car to stay warm she's going back and forth I finally told Miss Roberts we have everybody's information um she's not needed here anymore go home get warm we'll reach out if we have to um and shortly after uh and at that point did Miss Roberts take Miss Reed she did and um what if anything happened next on scene with regard to it was moments later um I got a radio transmission from our uh officer the working dispatch that Mr Reed her father was on the phone um with Miss Reed and she was making suicidal um threats to take her own life and based on that information that you received what if anything did you do in regards well once um our aeva who didn't even know that we had Miss Reed at the scene she radioed to us to confirm that we did we have a Karen party on scene I said we did um she explained that her father was frantic on the phone um and Miss Reed was giving uh stating that she wanted to end her life um and he uh in quotes said he wanted her to be in protective custody um so at that time I knew that we'd be able to get a hold of her because I had all their information um I believe I just called u m Robert's phone told her to bring her back to the scene and about how long was it after you spoke to Miss Roberts if they returned they they couldn't have gotten very far especially in the road conditions then based on on those statements uh that were reported to you from uh the dispatch from fant's father what if anything did you do with regard to this reading I told officer melany who was on scene most of our patrolman have um it's called the section 12 paperwork inside of all of our Cruisers just for that reason I advised them to fill out the proper paperwork and we were going to section Miss Reed to the hospital um for mental evaluation and and what is the section 12 from your perspective it's a tool for police officers when you come on scene with someone that's having a uh either a mental breakdown um claiming that they want to hurt themselves anything like that we have the power of police officers to fill out the proper paperwork we're not medical professionals let a doctor determine if she does need medical help um and so and if she doesn't want to go or him that paperwork allows us to actually physically put her on a stretcher and send her to the hospital um once she gets to the hospital it's up to the the doctors there to do their due diligence and if they see deem that she's not U mentally unstable then she's released but at least it's off of us now the the time that MRE Returns the scene the fire department being the ambulance and the engine have already left is that correct uh yes correct and then some point to apparatus from the fire department come back and reference to the section 12 correct so another I I believe this group was from Station 2 which is the other fire station in sakin um they arrived on scene and during that time in between did who arrives first the fire department or Miss Roberts with Miss re uh Miss Roberts and during that time um after Miss Roberts arrives with Miss Reed and prior to the fire department arriving what offending interaction did you have with Miss Reed during that time uh none and then once the fire department returns on scene what if anything uh do you direct them to with regards to Miss read and with regard to paperwor you had officer mean pH officer melany and officer SF and looks like in the video um escort uh Miss Reed to the um ambulance and she's safely transported to the hospital our officer back at dispatch called back um Mr Reed advised her that um you know his daughter was safe um then turning back to the scene um following uh detective Sergeant lank's arrival uh what off where if anywhere did did you and detective Sergeant L go on C following so when uh we're waiting for the fir truck to to arrive um we noticed that the lights went on at 34 um Fairview we needed to obviously speak to the homeowners um I told um Sergeant lank at the time I believe he was on the phone with uh CPAC for the State Police I said the lights just went on the front front door let's go speak to the homeowners and we both walked in you actually physically walked into the house is that correct yes now with respect to prior to you seeing sort of the house lights go on at 34 Fairview had you seen anybody go into or out of that residence while you were there yes uh at some point either myself or um s l uh told miss mcab that she needs to wake up the homeowners we need to speak to them and why why did you say that specifically the M we we have no idea why John o' Keith is laying on a front line of a house um we have no the statements from the three people we need to get figure out what happened last night that night and so I guess my question is more why Miss MCC versus somebody else Miss mcabe is the sister-in-law of the homeowner so she would be a friendly face to knock on the door at 6 o'clock in the morning and a blizzard now Beyond anybody at 34 fairv road again before you observe those lights go on in the residence from the other houses sort of on the street up and down who if anyone Did You observe come out of any of those houses nobody and was that something that Contin about the time that you were on scene correct so how long were you on scene for in total uh looking at the log we were there for almost exactly two hours and so during those two hours no one from any of the houses on the street came outside no I I mean every emergency truck that showed up at 6 o00 in the morning during during a blizard there's no other cars on the road so you're not coming down with Sirens blaring waking up an entire Street a neighborhood there's no need for it um so it was just lights and flashing and to be honest you couldn't see very far um you know so you and detect Sergeant L go into the home at 34 Fairview and who if anyone did you speak to in uh the um Mr Albert Mrs Albert Brian and Nicole and who if anyone else was pres in the home when you when you spoke with them when I was in there I know Jen was in there but we didn't speak to her because I we already spoke to her but we just spoke to Bri and Nicole right in the front room now you heard over the course of of the 911 call from M mavich she references it references that 34 Fair View is the Albert residence correct yes and did you know Brian Albert or were you aware of who he was prior to going to the house that day I know of Brian Albert yes and how did you know uh he's a brother of a cooworker that I've worked with for 18 years and coworker that you worked with for 18 years who's that uh detective Albert what's his first name Kevin and had you ever been to that house before no uh you ever been inside that house before no and when you go inside that day it's Ryan Albert Nicole Albert and Mr cave is that correct yes and uh during the time that you were in there do you recall seeing or who if anyone else do you recall seeing in there besides those three people yourself and detective nobody um uh detective L took the lead on uh speaking to Brian and Nicole Albert and I kind of just mosied in the front front of the house looked in the dining room um you know and listen to what they said what happened you know um you know they seem like they're generally in shock that there was a objection um sustain next question please what if anything did You observe about their demeanor when F they look like they just got woken up at six o'clock in the morning and as far as you're indicating that you're sort of looking or poking around uh the front area near the front door correct yes and what if anything of note Did You observe inside the house when you did nothing everything to be in order seemed like a normal house and following uh if you know about how long was that conversation in the house uh I I would say 20 25 minutes and following that conversation where did you into to Texas Sergeant Lanka uh at that time we both left the res res came outside and at that time Lieutenant gallaga was arriving um we had like a little bit of a powwow uh figured out what was going on and I believe um that's when we saw uh Jen McCabe's husband show up and walked in and and again you didn't know Jennifer McKay prior to that day correct no did you know her husband prior to that day so after you saw her husband who now know to be your husband walk in what if anything do protect Sergeant L uh Sergeant L uh ran back back inside to get a statement from U Mr mcab as well did you go with him as well I did not and after you have sort of the conversation between yourself detective Sergeant L Lieutenant Gallagher what if what if anything did you the three of you do from me uh Lieutenant um Gallagher immediately said we need to um seal off the area of the where offical Keith was located um we grabbed some crime scene tape but around he wanted to photograph the area as well and uh who if anyone grabbed a crime scene today myself and what if anything did you do with it uh I wrapped it around probably the flag pole tree and Cruiser um it was hard to keep up just because the wind was blowing at such a uh good rate and then what if anything uh did you and the other officers do with respect to the area that was identified to you as where Mr O was on officer s uh Lieutenant Gallagher noticed that the snow was coming down it's such a good clip we we couldn't keep it and um he made the idea of anybody have a um a leaf blower and I did so I um told him I'm not too far away from the uh the house so I shot back to my residence and grabbed my own and about how long a period of time was it between the time that you sort of left to go get we in the time that you arrive back uh no more than 5 seven minutes and uh once you arriv back at um back in the area of 34 what if anything happened um I started it up for lieutenant Gallagher he took it over and um it worked great now with respect to um that sort of implementation of of the leap lower what if anything did you or other officers do to sort of Memorial so as Lieutenant gallaga was using the um the piece of equipment I um used my iPhone videotaped it and took to um still photos want may approach yes I actually don't need to M Gilman if I could have exhibit number 33 up on the screen just the first one um Sergeant good have you seen what's up on the screen is exhibit 33 before yes and um what do you recognize as that's lieuten gallager and what have anything does Lieutenant Galler have in his hand at the time in this particular uh the leaf blow and um what's depicted on the screen is that a fair andac betrayal of what you memorialized uh on scene that day with respect to the we book yes Miss G if you could just run just this one video for [Laughter] mother now with respect to using that Lea blower on scene uh Sergeant what if anything did You observe in the snow when when that was used to blow away the layer of the snow it exposed the uh blood and small uh drinking glass broken and uh do you see those items in what's Frozen up on the screen right now I do if you could using that laser point direct the jury's attention to where you observe each of those items in this so that's the glass right there and then all the blood drop Lings thank you sir thank you m you can take now prior to using the leaf blower what if anything do Lieutenant Gallagher uh instruct you and any other officers to do with regard to your Cruisers that were parked on uh we needed to move them out of the way he wanted wanted to be able to get a good shot of the area so we kind of closed off the road and and uh M Gilman if I could have exhibit 41 back up again M Gilman if I could ask you to uh fast forward on this to about 40 minutes and 30 seconds into good pause it right there now Sergeant good what's up on the screen is that the point that you are referencing now as far as about to move your Cruiser for that purpose this was earlier when we moved out of the way of the ambulance I believe um oh no could be right regardless you recognize this be yes sorry if you just play forward I'll I'll know I'm sorry just played forward I guess U Miss Gilman if you could i' I'd like to play this through so about 41 minutes and 12 seconds or so but if you could just PA real I'm sorry um Sergeant at some point when you move this Cruiser what if anything you're able to see in this footage of the front lawn area 34 Fairview so my cruiser camera pans the front yard of uh 34 Fairview um and it shows the snow undisturbed um no Footprints any tracks anything like that leading anywhere and uh if you could uh just uh speak up when we get to that point and Miss Gilman if you could just pause it on that for pause it right there now the uh area that you were speaking about before is is this sort of the portion of the video yes and using laser pointer um if you could director jury's attention to the portion of the Y that you were talking about in indication of no Footprints or anything that you observed last time thank you this if you could just let it run for a couple thank and Miss coming you can take it down now Sergeant good you would spoke about as well uh some photographs that were taken to memorialize the area of uh where Mr o'keef uh was found is that correct yes may I approach own yes show you what's been marked as exhibit 8 first just if you recognize yes and what do you recognize that uh that is 34 fair viiew and Miss Gilman if I could have exhibit a up on the screen what's up on the screen is that a fair andac a betrayal of what you observed uh on scene that day yes if I could ask you to flip forward in that book before you through exhibit number 10 okay and if we could have exibit talk what's up on the screen is that what you have before you Wasing 10 yes and similarly do you recognize that yes and what do you recognize that that is a scene where uh our offices and uh the witnesses found officer o'keef and if you could using that laser point you have before you direct the jury's attention to where you were directed to where Mr O was found objection hear second you know I I'll that now sir if I could ask you to uh flip forward in that book just a little bit more uh to what's been marked as exhibit 20a okay if I could have that exhibit on the screen as well if you recognize what's up on the screen is exhibit 208 yes that's the um curving and as far as the curving is concerned how is it sort of clear it off in this particular area uh we had to kick it off with our shoe um to clear it off so we could actually see it make them Mark of it and again that area that you were directed to as far as where Mr o'keef was Found You observe that in this Photograph withit 208 as well yes you could using the laser poter before you direct jury attention to where in this Photograph that is I may approach this to uh [Music] yes lastly I'm just going to show you what's been mared give 27 Sergeant do you recognize that I do miss Gman if we could have 27 on the screen and Sergeant good what's up on the screen as as and before you as exhibit 27 sorry what's up on the screen is that what you have before you as exhibit 27 yes and if you could describe to the jury what we're looking at in this so we have the blood and then right here is the broken drink drinking glass that was located thank you sir you're welcome I may approach us to retrieve yes I have just a moment here yes [Music] following your time on on scene that morning sir where did you go from uh once we cleared 34 Fair View I return to the C police department and the items that you were talking about as far as the blood which believe to be blood droplets in the snow and the piece of a cocktail glass what if anything did you or other officers do uh over uh detective uh s lank transported those back to the police department again just one moment joh okay I have nothing further for this winess R all right Mr tetti thank you Rona good afternoon Sergeant afternoon sir you and I have never met correct no we've never spoken no uh Sergeant good you grew up in Canton I did you attended Canton Public Schools I did you graduated from Canton High School I did that would have been in 1998 yes uh is it true that in your graduating class was somebody named Courtney Proctor yes uh you knew Courtney Proctor yes you knew her to be Michael Proctor's sister correct yes also in your graduating class was somebody named Jill Daniels correct yes uh you knew her or you now know her to be Christopher Albert's sister-in-law correct yes Christopher Albert is married to Jill Daniel's sister correct yes and you know Christopher Albert as Brian Albert's brother correct yes uh so it is fair to say that you graduated high school with Michael Proctor's sister and Christopher Albert's sister-in-law correct yes and you know growing up in Canton and uh you know working for 18 years as a Canton police officer um you're well familiar with the Albert family of K correct I work with of them uh you know that the Albert family is a well-known family in Kent correct sure uh the Albert family is well connected to the town of Canton correct I don't know what you mean by connected they live in Canton yes all right well uh Christopher Albert is a Canton town selectman is he not yes and you've already established that Kevin Albert is a Canton police officer correct yes and you already uh testified that you knew Brian Albert as well and you knew that he was a Boston police officer who lived in Camp correct yes in fact he and his family lived at 34 Fairview in Canton correct yes uh you also knew that his family had been there for years before Brian Albert owned the house his parents owned it correct yes now as of January 28th of 22 uh 2022 um who among the Albert family did you know either personally or professionally professionally is Kevin Alber okay and what about personally I I knew Chris and you know that Christopher Albert uh in addition to being a town selectman also uh owns a pizza place in Canton correct yes he does what's the name of that pizza place that'd be DNA and have you eaten there before yes you've seen Christopher Albert there before I have now on January 29th of 2022 uh you learned at approximately 6: a.m. that John O'Keefe's body was found on Brian Albert's front lawn correct yes and as of January 29th of 2022 you knew that Brian Albert at that time of course was the brother of your fellow Canton police officer Kevin Albert correct yes and how long have you known Kevin Albert for as long as I worked at the camp police department and that is approximately 18 years coming up on 18 years yes and is Kevin Albert older or younger than you or around the same age uh he's older than me by how many years if you know I don't approximately five years okay have you ever shared a patrol car with Kevin Albert no have you ever worked on an investigation or a case with Kevin Albert I probably have yeah uh in addition to being a a colleague would you also consider Kevin Albert to be a friend uh yeah we've we've socially hung out after work and because he is a fellow Canton police officer you'd expect that he would have your back in a crisis correct Jack you're on no I'll let him have it I I I hope he would defend me what working yes he's a police officer you would certainly protect him in a crisis correct at work when we're police officers yes sure well even out of work if he was in a crisis you'd probably help correct uh I don't know what you're asking uh well there is a teamwork that is uh part and parcel of being a police officer with your fellow officers correct sure it's a dangerous job sure you need to have each other's back sure you need to depend on your fellow officers correct sure and it's been said there's a Brotherhood among police officers correct to a fact and uh you know when you meet another police officer uh he or she will tell you that they're quote on the job correct objection you're we objection sustained and in terms of you know depending on your fellow officers you're you're Tau all this beginning in the police academy correct jaction no he can have that what what am I taught well I'm asking you uh with regard to the the you know the the teamwork and you know having each other's backs and you know working together and depending on each other you're you're taught that starting in sure and it's reinforced over the years by Superior officers and your colleagues correct sure now you were assigned as the primary investigator in the Reconstruction analysis for this case correct assigned as the what you were assigned as the primary investigator in the Reconstruction analysis for this case I don't know reconstruction analysis no I was the patrol supervisor that day I may just have a moment tomorrow okay [Music] may I approach yes I'm going to show direct to page now I'm going to show you what is uh not sure how many pages but there are quite a few okay um it's a you don't know if he could not describe what he's showing to the witness and go ahead and show it to sure um I'm going to direct you I'm taking off the first four pages and direct you just to the fifth page and specifically the second paragraph and it's numbered number two okay um and I will ask you if you've seen that before okay and I I'll take it back from you you I'm May sure thank you do you recognize what this is looks like some for uh State Police form okay is it a uh why don't you not ask him he just answered what he thought it was are you familiar with a collision analys analysis and reconstruction section of cars report I know that the state police has a car section that handles um motor vehicle homicide um does this appear to be a car's report I've never seen one there's you just showed me one I'm not in the State Police okay uh but you you did see that your name is listed in the paragraph that I pointed out to you sure uh and you're listed as sergeant Shan good that's you correct M of the Canton Police and you were assigned as the primary investigator in this reconstruction cuz I wrote the offense report from that day well I'm just asking you I'm dealing with a state police report that lists you as the primary investigator with regard to the Reconstruction Jackson your honor may we approach assain um sure why don't you all come up for a minute bring that please e e s good what was your understanding on February 1st of 2022 regarding the Canton Police uh Department's role in this homicide investigation I believe at some point on the 29th we recruited ourselves and we not we weren't part of the investigation okay so you did know as of the day that John O'Keefe was found on Brian Albert's front lawn that the Canton Police had recused itself from on the case correct at some point I was notified after I finished all my paperwork yeah and uh what was your understanding of the recusal decision in terms of what Canton police was either allowed to do or not do well he had passed away so now is no matter what it's state police investigation it's a homicide we do not investigate homicides well um you've been a Canton police officer for 18 years correct yes during those 18 years do you know how many homicide investigations have occurred uh in Canton none none homicides no and I I was involved in none that the department was involved in I can't think off the top of my head now so in the 18 years this is the first homicide that you've been your Department's been involved in to your knowledge yes okay um are you aware that although the state police have primary jurisdiction they work hand in hand with local departments usually unless there's a conflict of interest yes so in this case you learned that there was a conflict of interest and my question to you is what did that mean in terms of your potential involvement in the investigation once that conflict was determined action your sustained were you the primary investigator for the Canton Police Department as of February 1st no did you participate with the state police in any part of the Reconstruction no now Sergeant good who is Brian Higgins he is a ATF agent that has a satellite office out of the Kon police department and when did you come to meet him I have no idea when he start it it's been years years over decade uh I don't think so but maybe between 5 and 10 years sure and how often would you see him at the Canton Police Station I worked midnights um so during that time but I mean three times a week I would see see him I mean we don't have the same work schedule I don't know when he works he doesn't know when I do okay and when you say you work midnights that means you come in at midnight yes at 8 a.m. correct and he worked Works uh in the same building as you in terms of the fact that he has an office there correct yes are there any other ATF agents that have offices at the K there could be I don't we don't they don't check in with us do you know of any ATF agents that have officers at the Canton Police Department not that I know of no what about officers from other local Department surrounding towns do they have any offices at the Canton Police Department no and you're not sure exactly how long he's had that office for but it's been years correct uh he has his own key card to enter the building yes and you say you've seen him two or three times a week in the time that he's had an office there sure you're aware that Brian Higgins is a close friend of the former Canton police chief Kenneth burkowitz sure you know that Chief burkowitz was the reason that he was allowed to maintain an office at the Canton Police Department I didn't know that well his close friend Chief burkowitz was your boss on January 29th of 2022 correct his close friend yeah Brian Hagen's close friend Chief Burt was your boss on January 29th of 2022 okay and does okay mean yes yes [Music] and you worked the midnight shift that day as well no I had was your ship I took it [Music] off uh were you assigned to dispatch that day the night of the incident yes no I stayed inside I was inside inside where the dispatch I handle all the calls send the guys everywhere all right that was that was my question I'm sorry if I'm I'm not being clear but you you you were on duty correct yes what was your shift my shift was I was I stayed inside I'm sorry what was the timing of your shift 12 to 8 thank you uh and when you say you stayed inside that meant you were handling dispatch correct correct and when you're handling dispatch dispatch you're not expected to leave the station and physically respond to calls that come in correct it depends on the call anything with within reason that a supervisor should go I'm I'm I'm leaving the station okay but normal car RS and stuff like that that Patrol can handle no okay so unless it's something unusual you're going to stay at dispatch correct correct and just after 1:30 a.m. while you were working dispatch that's when you saw Brian Higgins enter the Canton police station at 1:30 in the morning correct correct did you come into the dispatch area I said that earlier I don't believe he I don't remember him coming in or just did I see him on the cameras walking down the hallway we have numerous I think we have seven or eight monitors in front of me that I'm able to watch people around our building so it could be that you just saw him on a screen or it could be that he was in your room correct but you don't remember which correct correct uh and before he showed up there at 1:30 you hadn't called him to ask him to come in correct no um you hadn't asked him for any help with any investigation at 1:30 correct no uh when you first saw him there at 1:30 do you have any did you did you have any idea why he was showing up there no and when you first saw him do you remember uh what entrance he used to come into the Canton Police Station I don't it was from the back pocket lot I don't know if he was on the left back rear or right back rear and you would agree with me that 1:30 in the morning was hours before John o'keef was found unresponsive on Brian Albert's front lawn correct yes uh you had no information at 1:30 in the morning that John o'keef was out on Brian Albert's front lawn at that time correct correct and when Brian Al when Brian Higgins entered the department that was the first time you had seen him on either the 28th or the 29th correct correct and this is again at 1:30 in the morning M and to say yes or no yes thank you uh you didn't know where he was coming from no you didn't know what he had done that night absolutely not you didn't know who he had been with that night no uh this was a Friday night into early Saturday morning with a major blizzard forecast correct it already started snowing yes it was supposed to get worse yes was it unusual to see Brian Higgins come into the station at 1:30 a.m. on a weekend no and you don't recall how close you got to him no uh are are you able to tell this jury anything about his demeanor no he just walked in It's Not Unusual we wouldn't have made pleasantries or say hello to each other it's not uncommon and you you don't recall whether or not you got close enough to him to smell his breath or to smell what he smelled like correct no at any point did he tell you why he was there no how long did he remain at the station 4 no idea I only saw him come in never saw him leave or anything like that did you ever see him do any paperwork at the station that night yes no did you ever see him do any administrative work at the station I can't leave the dispatch room his office is on the second floor all right so let's skip ahead a few hours later you're still working dispatch When A call came in that a man was found unresponsive on Brian Albert's front lawn correct yes this is just after 6:00 a.m. yes you yourself took that call I did and with regard to who is responsible for entering the information that came in on a call to dispatch who is that the person that's working the desk right so at 6: a.m. you were responsible for taking down the information and entering it into your system correct it's being recorded through the 911 dispatch correct but I didn't enter it into our IMC program which is our daily log okay who enters that into your daily log that would be the the person that's working the desk and you would previously testify that location is important correct correct you would discuss the fact that if a call comes in on a cell phone as opposed to a landline you want to know where that cell phone is correct yes uh and and you have uh ways of pinging the cell phone such that you can actually see the location on a map correct sure yes and you would agree with me that ultimately when the location was entered into your system the location was entered as 32 Fair correct no it was 34 at least we put it out as 34 34 was the actual address but 32 is what made it into the police report sir did it not no my police report says 34 Fair [Music] View I don't now when that call came in after 6: a.m. uh you decided that you would personally go out correct [Music] yes okay um I actually have the front page of your police report may I approach your yes show Mr L thank you I'd ask you to read that silently to yourself take a good look at it and look up at me when you're done um you've had enough time to review it yes uh getting back to the location which you said was important what is the location listed in your very police report on the face sheet it says 32 but in my narrative is 34 okay uh the face sheet is important is it not yes uh people see the face sheet before they get to the narrator correct sure is accuracy important yes uh and the very first thing that's entered with regard to the location is inaccurate right say it again the very first entry with regard to to the location on your police report on the face sh sheet is inaccurate would you agree with that I guess so yes and with regard to the name uh down the bottom of that report I left the report in front of you so you could look at it again all would you read that silently to yourself and look up at me okay does that refresh your memory as to what name is listed yes what name is that johon o'keef no um I can have that back for a minute okay um now you decided that you wanted to go to the call or you decided it would be a good thing for you to go to the call personally correct yes uh so you called officer Kelly dver into dispatch I did and you did that because you wanted her to cover the desk for you so that you could personally respond to the call correct correct uh responding to the call wasn't your duty assignment but you made it your duty assignment correct correct and if you were going to leave somebody had to cover correct after that you personally called two of your other colleagues who were not on duty that night to respond with you to Brian Albert's house correct yes I did and you previously testified I believe that uh Sergeant Michael lank was one of those officers and he arrived at 6:25 a.m. correct correct and then Lieutenant Paul Gallagher was the other officer and he arrived closer to 7 a.m. correct [Music] yes when you responded to 34th Fairview on January 29th uh did you know that residence yes and what did you know that residence to be I knew that to be Brian Albert's house you and Sergeant blank had both been to that residence before correct no together actually we have we we were there for a police report years ago oh uh and so when you decided to respond to the scene on January 29th that residence of 34 Fair you you knew exactly where you were going yes and when when you got there you knew you were outside the home of Boston police officer Brian Albert correct yes and this was a memorable event would you agree with me yes uh before January 29th of 2022 you had never responded to a call where the body of one police officer was found on the front lawn of another police officer's house correct yes and at some point after you arrived you saw both Sergeant lank and detective Gallagher arrived correct yes uh it was Sergeant lank who first entered the home and made initial contact with Brian Albert and his family no I was right next to him uh so is it your testimony that the first time the police went in the house you were there with Sergeant L yes all right and when you went in uh can I have exhibit eight on the uh screen [Music] please okay uh terrific you're able to see exhibit eight yes uh is that a fair uh depiction of what the house looked like uh when you entered it yes do you see the front door yes is that the door that you entered yes and you had testified that you you know looked around the immediate area where you were while Sergeant link was asking questions you notice that when you entered that front door you come into a foyer area and directly in front of you on the left you can almost Reach Out And Touch the there's a door that goes down to The Cellar is there not I don't know I I don't remember a door there I remember the stairs going up going up to the uh second floor I see so you don't remember that as you step into the house you can go down a cell door right away objection no I don't know where seller is the objection sustained you don't know where the seller is and that's in part because you did not go down to the seller correct correct you never examined it no you never saw what condition it was in no saw whether there was any signs of struggle down there no you never saw if anything was tipped over no you never saw whether there was any blood or other trace evidence down there objection your honor the objection sustained you've made your point can we turn the lights back on please do you need this Mr unti um I do not okay thank you okay now going back to when you first arrived Sergeant you were alone in your Cruiser correct yes you weren't driving with the partner that morning no you were the Second Officer on scene no third who got there before you did Officer sarif and officer melany okay so melany actually beat you there yes uh but only within a matter of minutes correct sure you arrived in your marked Cruiser correct yes you had your overhead emergency lights on correct correct you pulled up right in the front of the house uh facing in the wrong direction in terms of the lane that you were in correct you were parked on Fair View adjacent to the Albert residence and you were facing toward cedarest correct correct when you parked you left your motor running correct yes and when you got out of your Cruiser one prominent sound that you heard was Karen Reed screaming at the top of her lungs correct yes she appeared to be in distress correct she appeared to be crying I did not see her crying she was hysterical yes she was very loud yes and you could hear her yelling throughout that morning could you not correct after you got there other emergency vehicles showed up no did you see any other Cruisers show up uh if you want to call an unmarked detective uh pickup truck a cruiser Shore okay so there was one additional police vehicle that showed up S L arrived in that and then uh Lieutenant Paul Gallagher arrived in his unmarked uh Cruiser okay so two additional vehicles uh and also officer saraf's vehicle was there and melan's correct M so we're now up to four police vehicles on scene yes they all have their lights on uh no uh detective s Langs does not have any uh lights in it and uh neither did Paul Gaga's lights were not activated I believe I see so you and saraf and melany had your lights on correct and I I actually miscounted that will be five police vehicles correct sure all right three with their lights on what about ambulances uh there were two ambulance that showed up one for the first uh transport of Officer o Keith and second for Mrs Miss Reed but they were never there at the same time all right when you first got there was the first ambulance there it was and that ambulance also had its lights on yes how many fire trucks were there when you were there just one and uh that uh also had its lights on as well correct and engine running yes and everyone was essentially parked uh around and in front of 34 Fair viiew correct correct and all the while the First Responders are talking talking over the noise of the storm correct yes and they're also talking over the screaming by Karen Reed correct sure um at one point krie Roberts even yelled at Karen and I apologize for the language but she yelled at her to shut the [ __ ] up correct I have no idea I don't recall that the scene was very chaotic would you agree uh yes all right could I have exhibit 16 on the uh screen please oh yes of course sorry uh okay now this has previously been admitted as sort of a side to side comparison between your Cruiser dash cam and officer s Dash Okay and they've been synchronized okay uh if we could start at 9 Minutes in please so miss tetti this is not yet in evidence I had it as exhibit 16 am I correct right so it's not it's not in yet I see um with regard to your dash can sir uh do you recognize the bottom uh video here as depicting your view as you uh we're driving to the scene sure and that appears to be a fair and accurate representation uh of what was shown to you on direct examination with regard to your dash yes continue for okay we can pause it there uh would you agree with me Sergeant good that you're arriving on scene at approximately 66 a.m on January 29th yes and I I'd ask you to uh review and compare your dash cam video with the top dash cam video uh for the next 30 seconds or a minute please and I'll ask you some questions after that sure pause it um Sergeant good does it appear as though the top dash cam shows the exact same thing as the bottom dash cam just from a different Vantage Point yes you play it for another 20 30 seconds pause it there um were you able to see when that when people are moving or when somebody's moving in the top version they're also moving in the bottom version just again from different Vantage points yes so do these both appear to be fair and accurate representations of the dash cams that were uh going on at that time yes I would offer that your okay I'd like to see council at Side by for just one second on this e so this will now become exhibit 16 we had it as a placeholder from before it was 379 and on Friday we said that it would stay as 16 assuming it was put in evidence that's what you have Tori Jim great okay um we can take that off the screen thank you now Sergeant good uh you've testified that you got there at about 6 I'm sorry 616 a.m. and relying on exhibit 16 that I placed before you correct okay yes uh you stayed on scene for over an hour and 40 minutes would you agree with with that yes we left around 7:50 a.m. or so correct and during the beginning part of the 1 hour and 40 minutes that you were on scene uh with all the vehicles that we've just seen at around 6:16 a.m. and for the first 10 15 minutes with all those lights flashing did you never saw Brian Albert come out of his house correct correct and did you see First Responders working on John o'keef when you were there no uh he had already been loaded into the ambulance at that time correct so you didn't see him actually being scooped up and put on a stretcher correct I don't recall no he and with regard to the remainder of the time that you were on scene up up until all the way through you know 7:50 in the morning uh did you ever see Brian Albert come out of his home no did you ever see anyone come out of the Albert residence other than uh John mccab and Matt mcab no were you aware When you entered the we were aware When you entered the the Albert residence that morning that John O'Keefe was found on his front lawn wearing only uh one shoe black in color I was not not aware of him missing a shoe no um while you were there you were listening to the questions that Sergeant lank was asking Brian Albert yes did you ever hear Sergeant link ask Brian Albert that morning if he knew where the other shoe was that was black in color jaction sustained while you were there ever he Sergeant lank asked Brian Albert when he learned that John o'keef was lying on his front lawn objection sustained you knew that Brian Albert as a Boston police officer is a first responder correct yes all police officers are First Responders correct yes you know from your training that all police officers have to receive CPR and other necessary training to he first responds correct yes uh at any point in time did you ask Brian Albert why you didn't come out of his house no um did Sergeant lank in your presence ask him why you didn't come out of his house objection sustained after clearing the scene at 7:50 in the morning uh did you go back to the station I [Music] did do you know whether or not Kevin Albert was working that day I don't did you see Kevin Albert that day I don't recall seeing him did you speak with Kevin Albert that day no now since that day it's been almost two and a half years uh you've continued working on the same police force as Kevin Albert correct yes at some point in time you and Kevin Albert discussed the fact that you were one of the first responding officers to his brother's home for this tragic incident correct yes uh is a very unique situation correct yes uh many officers on Department were interested to know what you saw and heard that day correct sure uh at what point in time after January 29th did Kevin Albert broach the topic with you as to what had happened on January 29th Jackson can you answer that sure I don't recall ever immediately talking to Kevin Albert about the the incident no right well you had said that you don't recall talking to him that day but certainly within a couple of weeks the two of you caught up correct I can't remember now I'm sorry I can't recall that now within a couple of months you talked about it sure and when you say sure sir I I take that as you you're you're saying well if you really want to go there I'll I'll give you the sure answer you have to answer yes or no okay yes so it you you answer yes or no if you can and if you can't you can't so ask the question again or just move on please okay uh do you recall where you were when you and Kevin Albert discussed what had happened on January 29th no do you recall who else was present no do you recall whether it was in person or over the phone I don't recall no certainly told him what you observed and heard that day correct yes now when you arrived you were on scene uh not only to assist with you know first aid and secure the scene but as a first a first responder your job is to assess the situation and also make an initial determination about Gathering evidence would you agree with that yes so you'd beond the lookout for any physical evidence correct yes and you'd certainly be on high alert for any an individual who made any statement about what may have occurred correct correct that's important not only for treatment purposes of somebody who apparently is hurt but also for investigative purposes correct correct and again you were the third officer on the scene uh by minutes in terms of the other two officers arriving before you correct yes and while you were on scene for over an hour and 40 minutes um and by the way when I say on scene it's clear to you that I'm asking you about 34 Fairview correct yes there was no scene at the Canton Police Department correct no I'm talking about 34 Fair of course a scene is where something happened correct yes um while you were on scene at 34 Fairview for an hour and 40 minutes did you ever once hear Karen Reed say I hit him I hit him I hit him I hit him I did not uh and you wrote a report regarding this correct I did you are trained over your 18 years that you include every important detail in that report correct correct certainly a statement by Karen Reed screaming out I hit him I hit him I hit him I hit him would have been an important detail that you would have included in your report correct yes you do not intentionally admit omit I should say any important details from your report correct correct you did not include that language I hit him I hit him I hit him I hit him in your report correct correct and the reason you didn't include it is that you never heard those words come out of Karen Reed's mouth correct correct okay now getting back to you know potential physical evidence uh if you're at a potential crime scene you want to find what you can correct correct you want to properly secure any physical evidence right correct uh in order to assist the investigation you're prepared to conduct a thorough search for evidence that may shed light on what had happened correct correct and you did participate in a thorough search in this case did you not the best we could in the elements that we had we were dealing with yes you know you would previously and I'm sorry if I don't mean to cut you off if I did um you had previously testified and I think I'm quoting you the leaf blower worked great correct yes uh you would agree with me that with that leaf blower your department was able to actually get down to the bare ground correct yes and you were directed to the precise area where John O O'Keefe had been laying correct yes and so you knew the area that needed to be searched correct yes um you'd Pro you certainly want to properly search around that area correct correct and after j o Keefe was in the ambulance and then transported to the hospital that was the very area that you were eyeballing correct yes uh and you visually search that area as best you could in the conditions correct yes and you tried to be as careful as you could be yes did not want to miss anything correct you took the job very seriously yes uh in addition to scouring the area with your eyes uh did you use your hands to search in the snow I don't remember doing that I was uh recording it I'm I'm sorry I I don't remember it that way I was recording the scene oh I see okay did you see other officers using their hands to search the scene I don't recall it that you recall officers using their feet to clear some areas yes uh and you were the one that actually got your leaf blower correct I did first time you ever used that in a investigation fair to say yes and your search was thorough enough your and when I say your search I mean your department search in addition to your observations it was thorough enough that you actually did did recover small droplets of blood correct we did who was it that collected those blood droplets that was uh Lieutenant Gallagher and uh Sergeant link uh in addition to the blood droplets you were looking for anything else that might be out of place there sure small items of course large items anything uh and as you were on scene it was starting to get lighter as the morning progressed correct yes and again you didn't clear the scene until almost 8:00 a.m. correct uh and you searched and were keeping alert to what was around you for the time that you were on scene correct yes during that 100 and I'm sorry that one hour I should say and 40 minutes um you did not find 40 45 pieces of red and black and clear tail light pieces at 3450 correct no how many pieces pie of tail light did you find on or around that property that morning [Music] none did you find a men's hat uh black in color no did you find a size 12 men's shoe black in color [Music] no now you would agree that it's important to preserve and secure a crime scene yes why is that you don't want the crime scene to be contaminated and you also do not want and you'd like to prevent a crime scene from also being manipulated would you agree with that yes uh and what steps were taken either by you or in your presence to close off and secure the crime scene at 34th Fairview we had uh crime scene tape up while we're there and then U we also had officer bany um on the road um and when you say you had office Millenia on the road you mean blocking off the road correct um are you aware of something called a crime scene log no uh you recall being trained uh in the academy that when there is a crime scene that needs to be preserved uh it is advisable to set up a log so that all Personnel are required to sign in and sign out uh again to prevent contamination and to prevent manipulation um do you not recall that training I don't recall that know uh with regard to the fact that it was actively snowing at the time uh did you consider putting a tent around the area to prevent and minimize the environmental intrusions like the snow it would have been useless uh did you utilize any heaters to assist melting the snow in that area no and before you cleared the scene or I should say when you cleared the scene did you post an officer to guard the scene so that nobody could get in or out no how long was the road closed off for while we're there those two hours all right and then after the two hours uh the there was nobody guarding the scene would you agree yes correct the road was not closed off no that crime scene was open to the public correct so with regard to you know a crime scene log uh a tent uh heaters keeping an officer there to make sure nobody got in or out of that crime scene none of you you would agree none of those protocols were followed correct I don't believe there there is a protocol for a tenth in our policy okay so I guess leave the tent out of it those other protocols were followed correct correct and certainly a tent was not put up either no correct correct now with regard to your police report going back to that um your report clearly listed persons involved in the case correct correct and that uh police report is generated by computer software correct that's particular to police reports correct and that's one of the categories that you can fill in correct [Music] correct and would you agree with me that with regard to all of the persons involved listed in your police report everybody's first name and last name was completely spelled out except for one would you agree with that I don't I believe those names were ented by uh Lieutenant uh detective Sergeant Lang okay but certainly the report has your name on it correct correct so you would review the report before sure submitting it in your name correct correct so regardless of who entered or didn't enter my question remains which is that with regard to the persons involved listed in that report everybody name first and last is spelled out except for one correct correct whose name was not spelled out completely I don't know I approach okay page two Council and I just you to look at it silently and then look up at me when you're done [Applause] thank you sir you're [Music] welcome having reviewed that report does that refresh your memory as to whose name was not completely spelled out correct who who was that uh Brian [Music] Albert did you omit Brian Albert's first name to mask the fact that he was involved no [Music] no do you know who Colin Albert is I know that he is son uh Chris Albert's son and so therefore he'd be Brian Albert's nephew yes um anywhere in your report do you mention that Colin Albert was present at 34 Fairview the night of January 28th going into January 29th no [Music] now would you agree with me that this report also lists home addresses for everyone in the person's involved section except for one person uh can I see the sheet again please thank you this is the same if I may approach yes this is the same sheet that I sent you last time thank you take your time with it sir thank you um and Sergeant do you know what I'm talking about yes am I talking about uh Brian Higgins okay uh so with regard to Brian Higgins his home address was not listed on there correct correct and what address was listed for Brian Higgins uh 1492 Washington Street and what is uh significant about that address uh it's the town of Canton um it's the town of Canton Police Department correct correct now Brian Higgins was not an involved person because he was an investigator on the case correct correct he was not involved in this case in an official capacity correct correct you were right yes so listing the Canton Police Department as sergeant Shan Good's address would be appropriate would you agree yes um why was Brian Higgins address listed at the as the Canton Police Department I don't know but that is something that you kept in your report correct correct okay um now um I also want to ask you something else about your police report and I want to focus on whether it was altered after was first submitted okay um if I can um do hold on um do you have your report with you I do not okay do you have a copy for Mr yti I [Music] do um I'm May yes sure go ahead no that's okay um I've placed a document before you feel free to yourself with it and please uh look up at me when you're done good does that appear to be your police report sir yes uh now uh you'll and with the Court's permission I I'd actually like the officer to have the report in front of him when I ask him these questions okay but nothing's going up on the screen right not yet okay so approach before it does I will I promise okay um okay so I'm directing your attention to the first page okay um you will uh agree with me that this uh report is submitted with regard to incident number 2287 correct and this is call number 22 - 449 correct correct the date and time reported is listed at as January 29th of 2022 at 0608 correct correct which would be in military time 6:08 a.m. correct uh the report Dayton time is listed as January 29th of 2022 jaction your all right so why don't we come to sidebar now and I'm for e e e e e to do this inside right now okay so the same three cautions please do not discuss this case with anyone don't do any independent research or investigation into this case if you happen to see here read anything about this case please disregard it and let us know so we'll see you tomorrow morning tomorrow morning's a if you P en close your notebooks leaving them on the chairs taking all your belongings follow me all right goodbye seated all right so someone needs to get Sergeant lank for you um okay so the the the Vere I had hoped I thought that we would have finished this earlier and I'd be able to give you more time but um I suggested 10 15 minutes Mr Jackson tells me that's fine for him and in the Commonwealth as well so what I'd like to do is 10 to 15 10 to 10 minutes would be great from each of you and then I'll hear argument um because it means now I'm keeping the staff longer than necessary so all right is he here he is they were getting him I'm all right please back the session you may be seated is the witness here just that that's TR please watch your step step to the stand pleas CL and raise your right hand you s the effort to give the court in the case now in hearing to the truth the whole truth and nothing but the truth so he you I do thank you Mar please thank you uh thank you for joining us late in the afternoon Sergeant lank um I'm going to direct your attention to uh your relationship with the Albert family and some of the members of the Albert family do you know who Tim Albert is yes do you know who Chris Albert is yes you know who Brian interrupt I just need your name for I'm so sorry can you please state your name and spell your name for the record please Michael lank l a n k Michael common spelling yes I'll start over you know who Tim Albert is I do and do you know who Chris Albert is I do and do you know who Brian Albert is I do how do you know Tim Albert I know Tim Albert to be uh one of the younger brothers of the Albert family how long have you known Tim since childhood uh what about Chris Albert yes I know Chris how long have you known Chris since childhood and how would you describe your relationship with Chris Albert uh Chris and I were pretty good friends growing up uh right into our 20s uh still friendly when I see him um still socialize with him no uh when did you last socialize with ch Al I couldn't tell you the last time I personally socialized with him I've seen him at event events but Chris and I don't make arrangements to go out together What about Brian Albert how would you describe your relationship with him uh civil friendly uh exchange pleasantries when I see hello but you're closer to Chris yes um have you ever described yourself as being a longtime quote unquote drinking buddy with Chris no would you describe yourself previously in years past as being a drinking buddy of Chris no have you ever gone out for drinks with Chris not in years ever yes so you socialized with them in in in circumstances in which yall are drinking and in Bible it's been many years but yes your relationship with Chris certainly goes all the way back to 2002 again we we were friendly friendlier back then yes right um back in 2002 in August while you were off duty uh were you out either drinking with Chris or uh in some way at at a restaurant or a bar with Chris no were you close in proximity to Chris when he was out drinking and at a bar no was he at a restaurant I don't know where he was were you at a bar I was uh at some point did you realize that Chris was getting into some sort of a physical altercation with somebody else in a parking lot yes did you jump in into a fist fight in order to protect Chris Albert Chris actually approached my vehicle and started to describe it altercation that he been had been in prev previously in the night when you say your vehicle your personal vehicle yes okay so you were off duty is that right yes you had been drinking yes nothing wrong with that but just so happens that you had been drinking that afternoon yes um Tim Al was with Chris correct not when I saw him though okay uh ultimately when you realize that Chris Albert was in some sort of frus some sort of fight or altercation uh you activated yourself as an as a police officer at the time he wasn't in a freus when he approached my vehicle he approached my vehicle and stated that he had been in an altercation earlier in the night with uh one of the laal brothers and that during that altercation threats were made against him and his family and he was seeking advice because he knew I as a police officer as to how he should go forward and as I was telling him what to do that's when a group of men started to walk down Washington Street towards Chris and he said oh no here they come so that would be Mark lot lot correct yes and his brother Alfred yes Alfredo Alfredo sorry um you got out of your car and approached the other men yes you also called for a Canton Police backup I brought my attention to the restaurant owner and a bartender who had walked out into the street and I yelled for them to call the Canton Police Canton Police did in fact arrive correct they did isn't it true that after you got involved and Canton Police arrived you then instructed some of your colleague police officers to handcuff Alfredo I can't recall isn't it true that after Alfredo was handcuffed and for all intents and purposes physically incapacitated you then approached Mark Lal no you got into a fight with Mark laal yes you punched him in the face at at one point after he had struck me yes so your story is he struck you first and then you punched him yes his story of course is you punched him first I don't know what his story is well you were sued in federal court and he told you a story in that lawsuit correct so I I actually have a question I the criminal case was adjudicated the civil case I did sign a uh non disclosure so I'm not sure if I can speak on that uh that I will never ask you what the nature of any settlement with in that case was just the fact that you were sued in a public document which a federal lawsuit is a public document you were sued in federal court over this incident that I'm talking about correct we yes and ultimately it was settled I'll never ask you what the terms of the settlement are that's it was settled yes okay ultimately uh you said that the criminal case was adjudicated we'll get to that in just a second did you testify at that criminal case I did all right I want to sort of tailor this a little bit because we're on a little bit of a time crunch and I want to be sensitive to the Court's time in your time the allegation that Mark lalot made against you is that you punched him took him to the ground continued to beat him and bit him to the point of drawing blood correct I believe that was his allegation yes then indicated uh that once the police officers that were there pulled you off of him you then turned and walked over to Alfredo while he was still incapacitated meaning physically handcuffed and spat in his face I believe that was his allegation yes um ultimately both men after this altercation were allowed to leave the location correct I believe one fled and the other one was allowed to leave us okay you're telling me now that Mark L uh Lalo punched you first a police officer correct yes and are you aware of any circumstance in which an individual would be able to punch a police officer on duty or off duty in the presence of other police officers and just be released that wouldn't happen would I don't believe the other police officers were on seen when the fight initiated did you tell them that you got punched I don't recall but they certainly let Mark go correct Mark fled okay Alfredo was released so the next day Mark and Alfredo showed up at cant PD to file a complaint against you and some of the other police officers that were involved correct that's what I was told I wasn't there you didn't file a report for assault or battery or anything like that correct I spoke with my sergeant that night and he said that I could do the report when I came back in on my next day of work my question is on that night did you file a report no the next day did you file a report I don't recall if it was one or two days later it's actually three days later wasn't it I'm not sure okay does it sound like it that that's in the time frame it probably was about three days later I honestly couldn't tell you it's 22 years ago I'm not really sure but between the time this fight happened and you filed a report Mark Lelo and his brother Alfredo came into Canton PD and asked to swear out a complaint against you and fellow officers correct I believe so and they were told to go away on that day I I couldn't speak to that by the time they came back to file the complaint then police reports had been written right I don't know once those police reports were written after they indicated that they wanted to file a complaint ultimately charges were brought against them correct again ultimately charges were brought I I don't know the exact [Music] timeline after charges had been brought and both brothers ended up having to go to court and defend themselves you ran in to you ran into both brothers at a Mobile gas station yes you confronted both brothers correct no you approached both brothers no isn't it true that you walked up and said how you doing to the two guys and one of them responded not so good you attacked me and now I've got to go to court no I conversation I believe they initiated the conversation with me did you say how are you doing something to that nature and did they respond something in the to the effect of I'm not doing so good because you attacked me and now I've got to defend myself in court I I don't recall exactly what they said in response and then based on that interaction you arrested them for witness intimidation correct well there was further interaction it wasn't just the response to how are you doing they made threats and they were ultimately arrested yes so your claim now is that they made threats against you uh a sitting police officer at the time a working police officer yes okay and you reported that thre to the DA's office yes and charges were brought against them I'm sorry a report was brought against them for that witness intimidation correct correct ultimately with regard to the assault charges for which they were arrested and tried they were found not guilty in a public adjudication criminal case correct correct and the DA's office threw out the witness intimidation charges because they were meritless isn't that right the charges were thrown out and all of this history that we've just talked about came on the heels of you assisting Chris and Tim Albert in a fight they said they had been in earlier in the evening is that right no you just told us that the reason you got involved in this melee this fight to begin with was because Chris Albert approached you and said I was in a fight with some guys earlier tonight and here they come yes and you just said that he was with Tim Albert I never saw Tim Albert that night my mistake let's just leave it at he was with his fiance okay so all of this situation emanated from you coming to the aid of Chris Albert your friend longtime childhood friend correct it had nothing to do with it being Chris Albert isn't it true that it had everything to do with it being Chris Albert no so just a regular random guy off the street you would have conducted yourself the exact same way absolutely isn't it true that what you actually did Sergeant lank in that particular circumstance was you came to the aid of a friend and you used your position as a police officer to further that assistance and that protection no that's all I have your onor okay Mr L thank you so whatever happened between uh Christopher Albert and these brothers in that particular evening you weren present for that no and your testimony that Tim Albert wasn't present at any point in time when you were there I correct no now with regard to Tim Albert uh what if any other involvement have you had with him as far as uh through your official duties as a police officer uh I was involved in an investigation where we had to take out charges against Tim Albert so you've been involved in an investigation where charges were actually taken out against a member of member of the Albert family correct correct and you recall round about when that was I believe it was 2012 you recall if anyone from your department was working with you on that investigation uh it would have been officer good at the time and that's now Sergeant Shan good is that correct that's correct same Sean good involved in this case correct correct now with regard to um the federal suit that was brought that was seven correct that's correct there's no disposition on it no finding of liability or anything of the like correct now with respect to Brian um how would you describe your relationship with him again uh civil are the two of you friends ex could you repeat that please are the two of you friends no you socialize with Brian Albert have you in any points I've been at events where Brian is at and we will say hello uh but that that's pretty much the extent of it have you ever socialized with Brian Alber Just The Two Of No you ever been to his house or inside his house no now with regard to um other than that day of January 29th 202 correct correct you and Brian do you get along say that again I said he and Brian Albert do they get along uh we have had some uh disagreements I'd say in the past but we're again we're civil we get along enough to say hello anything to do with your response uh your interviews or anything to do with January 29th 22 have anything to do with the Albert family or Ryan Albert or Christopher Albert or anything to do with the Alberts whatsoever no that didn't change what you were doing how you were doing it or how you conducted yourself in this investigation is that correct that's correct nothing further okay I have one one uh slight area to cover with the Court's permission okay concerning Tim Albert um and this issue or the investigation where charges were brought against Tim Albert that was a circumstance in which Tim Albert in broad daylight slammed into a parked car belonging to a woman and then fled the scene correct no didn't you follow a trail of transmission fluid or something to find where he had gone I did and he fled directly to 34 Fairview correct correct he didn't live there he went to his brother's house Brian no that's not correct correct he lived there at the time yes okay so you follow follow the the the trail uh of whatever it is fluid Trail all the way to where Tim Albert had fled to and you basically had no choice he had just slammed into the back of a car and then fled the scene isn't that right I concluded my investigation by locating the vehicle that had heavy damage the the vehicle that he hit his vehicle his vehicle had heavy damage but so did the vehicle that he hit correct so you had said a minute ago that he hit a parked car that's that's incorrect oh he hit a moving car it was a a vehicle that was I believe it was stopped at a light it wasn't a parked car it was a vehicle that was stopped okay irrespective of whether engine was running or parked or not he hit a car yes with a woman in it fled the scene then you find him trying to hide out at 34 Fairview correct he had parked the car at 34 fairv and you didn't have much choice I mean there you have it the evidence is right in front of it you can't really cover that one up right I would say I did my job so this is RA deer could you answer the question please I would say I did my job okay did you Eng engage in any kind of a DUI investigation we spoke with him did you give him fsts I don't recall if I did I know I didn't I don't recall if officer good did did you give him uh um a breathalyzer I did not did you ask him for a a blood test I did not so no DUI investigation was really undertaken correct again I I can't recall what officer good did but I was there but you didn't do it you didn't do what I just suggested a full-blown DUI investigation even though he hit another car and then fled the scene we we spoke with him and he gave an explanation and that explanation coming from Tim Albert was I'm really sorry I panicked right I it was something to that nature and he turned around well I'll just cut to the chase y'all ended up charging him with a misdem correct I believe so and he was given diversion I I don't know and his record was WIP clean I don't know that's all I all [Music] right thank you Sergeant you can step down sir thank you I'll hear you Mr Jackson thank you honor um I'll be very brief I spoke about the agar case a couple of days ago and I think it's still attended to our conversation today or discussion today uh that case stands for the proposition that it it doesn't matter if the evidence reveals something other than something that's otherwise inadmissible as long as the material for clo as long as the material elaborates on or establishes that there could be some sort of bias or Prejudice there doesn't have to be a bias or Prejudice I don't have to prove Beyond A Reasonable Doubt or to a clear and to clear and convincing evidence that there's a bias or Prejudice but if the evidence suggests that there could be biased or prejudiced that is proper fodder for the jury to consider and that's what we're asking um in this case Sergeant Len's willingness to activate himself as an officer get involved with Chris Albert although it was in 2002 and I know that that's something that Mr La is going to say and he's going to harp on this was so long ago that actually Cuts against the Commonwealth case that shows how long these folks have been involved with each other and how deep their relationships run for him to sort of deputize himself in that situation uh in order to help out his help out his longtime friend whom he socializes with drinks with grew up with um establishes a bias and a Prejudice in this case against Miss Reed and in favor of the Alber and it's not like he had a tangential part to play in this a role to play in this investigation he was the very first officer to walk in that front door he absolutely knew what he was going to find when he walked in the front door which was the homeowners and possibly other Witnesses he engaged in a interview or a series of interviews that were not recorded I have no idea what was said the jurors are never going to find out exactly what was said other than to take his word for the jurors have to be able to weigh and balance his credibility against an officer that for instance like even like Sergeant good for instance who seems to come across far more unbiased just sort of a straight shootter Sergeant lank is not that person he never should have walked in that front door he should have said to his supervisors I have a relationship with the Albert family I've known these folks for too long I I grew up with his brother or brothers I've known them my whole life I'm probably not the right person to make the decisions about this investigation and unless and until the jurors know that and con we and balance it they can toss it out if they want to or they can adopt it if they want to the point is they need to be able to hear the evidence so I I have a question for you so the the part about the um complaint at the station um yes and being turned away who are you going to get that in from other than the lapolo brothers which puts us a little far a field so he didn't adopt it or said I don't know or that's what I've heard so the Lalo Brothers I I think I know but that that's so far REM most now I disagree I think they're the ones that are closest to the situation so we would ask the who's better to tell the jurors that they walked in I I can get the police report that's it's I can tell the court what what it's dated it's dated September 2nd or September 3rd and the local Leos walked in on August 31st to make the complaint no I I understand because you've outlined it or miss little outlined it um which is very helpful I don't disagree that some of this is admissible I just have to figure out how you intend to get it in because I have to be concerned about if it's a mini trial within a trial and we're trying to avoid that if it hold on if he were to testify as he did that's what I understand and the commonweal didn't object to that that seems admissible to me I would probably seek to do it with the Court's permission through two pieces of evidence one would be Mark or Alfredo and I don't think I would use both of them I would you would not I would not okay fair enough I would seek to ask Mark to join us he would testify to the altercation he would testify to the complaint and then I would seek to uh either get a stipulation to the date of the police reports I don't even need the police reports in if I can't get a stipulation then I probably would just ask the court um to to be able to establish that the police report is a business record I would like to see those police reports tonight before I leave okay if I if I have them we'd have to get them right right will I will do my best to get them to the court I can't get them to the court tonight we don't have them okay so I will I'll start working on that immediately all right anything else no you're honor okay M Mr L you're and I would submit uh that defendant had a met burn there is no actual relevancy uh to any of this and it is essentially a trial within a trial at this point bringing in other civilian Witnesses talk about an incident which happened 22 years ago to let's forget about bringing in the civilian Witnesses how about what we heard as to what Sant lank would testify to as to what Sergeant L would testify to is a single incident in which he did not witness anything to do with the Alba Brothers uh Christopher Albert was never at 34 Fairview Road on January 28th or uh until much much later in the day of January 29th and certainly not at the same time that Sergeant Len was I think Council far overestimates what Sergeant Len's involvement in this particular uh investigation was uh he shows up on scene he assists with the other uh officers Lieutenant Gallagher and Sergeant good that you've already heard from um and with respect to he takes a couple of initial statements who all those Witnesses then subsequently talk to troopers from the state police testify grand jury multiple grand juries uh and we'll be all be testifying as Witnesses in this case um so any purported bias uh from an incident from 22 years ago involving a brother who wasn't even present at the home on the night in question does nothing but confuse the jury as to what the issues are and creating this sort of bias out of out of thin cloth that that has no basis whatsoever in the facts of this case okay so I disagree with you I don't know yet I want to see those police reports I don't know yet what I'm going to allow in but I disagree that it has nothing to do if it weren't involving the Alberts then under the grand jury case the decision by Justice Gant Chief Justice gance at the time it wouldn't come in but it does so it comes in for different purposes or different reasons so I'd like those reports tonight or certainly by tomorrow morning before we come out we'll do our best okay all right so we'll figure this out tomorrow morning all right thank you very much thank you all R please for

Channel: NBC 10 WJAR

Views: 3,772

Keywords: Karen Read, John O'Keefe, Norfolk County Superior Court, Dedham, Massachusetts, police officers, firefighters, crime scene, Canton, leaf blower, witnesses, testimony, court, courthouse

Id: T7kVTbTwg1g

Length: 131min 33sec (7893 seconds)

Published: Tue May 07 2024